Evaluating the equitable measures: Kenya’s strategy in punishing attempted robbery with violence and robbery with violence

Abstract

Capital punishment, colloquially known as the death penalty, has historically been employed as a deterrent to crime. In the context of Kenya, the death penalty is prescribed for capital offenses including treason, murder, and robbery with violence. However, a critical gap arises in the penal code concerning the differentiation between robbery with violence and attempted robbery with violence, both attracting the same severe penalty. This discrepancy leads to ambiguity in legal interpretation and compromises defendants' ability to prepare adequate defences. This research aims to address the lacuna in Kenyan law regarding the punishment disparity between robbery with violence and attempted robbery with violence utilizing a qualitative methodology and engaging with philosophical perspectives on differential punishment. The significance of this research lies in its potential to inform policymakers and legal practitioners on the necessity of amending existing legislation to ensure fair and proportional sentencing. By filling the scholarly gap on the appropriateness of the death penalty for attempted robbery with violence, this study contributes to the discourse on criminal law and criminology, particularly within the Kenyan context. Ultimately, this research seeks to advocate for a more nuanced and equitable approach to sentencing, aligning with constitutional principles of fairness and proportionality while enhancing public understanding of legal rights and principles.